BALBIR SINGH Vs. COMMANDANT, 41 BN BSF

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of order dtd. 22/8/2015 (Annexure P-1) whereby he has been compulsorily retired and his pension has been reduced to 67%.

(2.) Mr. Inderjit Sharma, Advocate submits that he confines his prayer to reduction in pension and does not dispute the order of compulsory retirement. With respect to reduction in pension, he submits that the petitioner was neither issued any show cause notice nor granted any opportunity of hearing. The reduction of pension without granting opportunity amounts to violation of principle of natural justice.

(3.) Mr. Santokhwinder Singh Grewal, Sr. Panel Counsel, at the outset, submits that impugned order was passed in the State of West Bengal and during the period in question, the petitioner was posted in West Bengal. He filed appeal before the Appellate Authority situated in West Bengal, thus, no part of cause of action has arisen within jurisdiction of this Court, therefore, this Court has no jurisdiction to entertain the present petition.